Robertson v. United States

Filing 5

OPINION Adopting the 4 Report and Recommendation of the U.S. Magistrate Judge the Court declines the exercise of supplemental jurisdiction over any potential state law claims, and that this action be dismissed, with prejudice, as legally frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A. Signed by Judge John W. deGravelles on 12/7/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
LUTHER ROBERTSON (#90556)
CIVIL ACTION
VERSUS
NO. 17-321-JWD-RLB
UNITED STATES
OPINION
After independently reviewing the entire record in this case and for reasons set forth in the
Magistrate Judge's Report dated November 20, 2017, to which no objection was filed;
IT IS ORDERED that the Court declines the exercise of supplemental jurisdiction over
any potential state law claims, and that this action be dismissed, with prejudice, as legally frivolous
and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)
and 1915A.1
Signed in Baton Rouge, Louisiana, on December 7, 2017.

S
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

The plaintiff is advised that 28 U.S.C. § 1915(g) provides that, “In no event shall a prisoner bring a civil action
or appeal a judgment in a civil action or proceeding under this section [Proceedings in forma pauperis] if the
prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or
appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails
to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious
physical injury.”

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